The Supreme Court has dismissed the review application against an earlier ruling of the court that witnesses cannot be compelled to testify in the case, filed by lawyers of the petitioner in the election petition hearing.
The Chief Justice in the ruling on Thursday February 18 said “We have also taken into consideration the applicants’ reliance on Article 19 Clause 13 and 296 of the 1992 Constitution . We are of the view that the applicant has failed to satisfy the court with new or important matter in reference to the constitutional provisions. In the result, the application fails and it is hereby dismissed.”
During proceedings in court on Thursday February Counsel for the 2nd respondent in the ongoing hearing of the election petition, Mr Akoto Ampaw asked the Supreme Court to dismiss the review.
Mr Akoto Ampaw argued that Mr Mahama’s review application smacked of an emotional party seeking to re-argue case hence the application should be dismissed.
His argument was after lead counsel for the petitioner Mr Tsatsu gave the court reasons why they want the earlier ruling to be reconsidered.
But Mr Ampaw said “We are opposed to the application for a review and we rely on our affidavit in opposition and statement of case filed on the 17th of February.
” My Lords it is our respectfully view that that this application does not appropriately invoke the special review jurisdiction of the court under Article 133 as well as Rule 54 of CI 16.
“My Lords, we are submitting to this honourable court that this application is a classic case of an aggrieved party who has become emotional by the decision of the court who seeks to re-argue his case through the backdoor of an apparently review application, which it is not,” Mr Ampaw said.
He further told the court that the application does not satisfy the stick conditions that needed to be met.
“This is an abuse of court process,” he told the court.
By Laud Nartey|3news.com|Ghasna